- (1.) HEARD Sri R. K. Pandey, for the petitioner and Sri Rishi Kesh Tripathi, for the respondents.
(2.) THE writ petition has been filed against the orders of Consolidation Officer dated 17.11.2003 and Deputy Director of Consolidation, dated 31.08.2013, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). The dispute between the parties relates to the land of basic consolidation year khata 196 of village Mataundh, pargana and district Banda, which was recorded in the names of Gorwa (now represented by respondents -3 to 5). The petitioner filed an objection (registered as Case No. 266/427/181/266/2002 -03) under Section 9 of the Act, claiming co -tenancy of 1/2 share, in the land in dispute. It has been stated by the petitioner that the land in dispute was the ancestral property coming from the time of Bhaiya Lal in the family. After death of Bhaiya Lal, it was jointly inherited by his two sons Gorwa and Maiyadeen. The petitioner is the daughter of Maiyadeen, who died in his early age, leaving behind him, his widow Smt. Ram Dulari and the petitioner, who was unmarried minor daughter. Smt. Ram Dulari also died shortly thereafter, in the year 1956. Taking advantage of the minority of the petitioner, Gorwa got his name recorded as an heir of Maiyadeen, on the basis of PA -11, by the order of Supervisor Kanoongo, in the year 1961 although the petitioner being unmarried daughter inherited the share of Maiyadeen. The petitioner through out remained in joint possession over the land in dispute. The petitioner filed a suit under Section 229 -B of U.P. Act No. 1 of 1951, for declaring her as co -sharer of 1/2 share, in the disputed land, in the year 1984, which was abated under the Act.
(3.) GORWA contested the objection of the petitioner and denied the petitioner being daughter of Maiyadeen in his counter objection. However, in the statement, it was admitted that the petitioner was daughter of Maiyadeen, but it was stated that on marriage, the petitioner was divested under Section 172 of U.P. Act No. 1 of 1951 and Gorwa being the real brother of Maiyadeen inherited his share in the land in dispute. The Case was tired by the Consolidation Officer (respondent -2). Apart from documentary evidence, the petitioner examined herself as PW -1, Baldu as PW -2 and Mijaji as PW -3. Gorwa examined himself as DW -1. It is alleged that some compromise was filed on 20.11.2001 before the Consolidation Officer, but the parties denied filing of the compromise. The Consolidation Officer, therefore heard arguments on merit and by order dated 17.11.2003 held that the petitioner could not give any evidence to show that at the time of death of Maiyadeen and Smt. Ram Dulari, she was unmarried. In any case, at present she is admittedly married and wife of Ram Gulam as such in view of provisions of Section 172 of U.P. Act No. 1 of 1951, she was divested her interest in the land in dispute. Gorwa being real brother of Maiyadeen inherited his share also in the land in dispute. On these findings Consolidation Officer, by order dated 17.11.2003, dismissed the objection of the petitioner, rejecting the compromise.;